Building or Renovating a Property in Cap Estate: What You Need to Know
Building a new home or renovating an existing property in Cap Estate, St Lucia can be an exciting project, but there are several important considerations before work begins.
Alongside Saint Lucia's planning and building requirements, many properties within Cap Estate are subject to restrictive covenants governing matters such as the number and use of buildings, setbacks, alterations, drainage, fencing and trees.
Understanding these requirements at the beginning of a project can help avoid problems later.
1. Check your property's title and restrictive covenants
Before designing or commencing any development, property owners should establish exactly which restrictive covenants apply to their individual parcel.
The Cap Estate restrictive covenants available to CEA include provisions covering buildings, alterations, setbacks, residential use, fencing, drainage, trees and other aspects of property development.
Importantly, the precise legal position can vary between properties. Owners should therefore review their own registered title documents and obtain appropriate professional or legal advice rather than assuming that what has been permitted on another property will necessarily be permitted on theirs.
2. One dwelling house
One of the most important provisions contained within the Cap Estate restrictive covenants is Clause 2:
“Not more than one dwelling house and other usual outbuildings shall be constructed on The Property.”
The covenant also places restrictions on huts, sheds, caravans and temporary buildings or structures.
Anyone considering multiple dwellings, apartments, condominiums or other multi-unit development should therefore establish the legal position affecting the individual parcel at the very beginning of the project.
The existence of apartments or other multi-family developments elsewhere within the wider Cap Estate area should not be taken as confirmation that similar development is permitted on another property.
3. Building plans and alterations
The covenants don't apply only to the construction of a completely new house.
Clause 3 covers buildings and other structures as well as alterations, additions, fencing, septic tanks and drainage systems. It requires plans, elevations, specifications and siting to be submitted for written approval as provided for within the covenant.
This means owners planning substantial extensions or alterations should check the covenants before starting work, just as they would for a new-build project.
4. Pay particular attention to setbacks
Setbacks are another important consideration when planning development in Cap Estate.
The restrictive covenant document states that setbacks should not be less than 20 feet from adjoining parcels of land.
Owners and their architects should establish the requirements applicable to the property at the design stage rather than assuming that satisfying a general planning requirement automatically satisfies the property's private covenants.
5. Obtain the necessary planning permission
Restrictive covenants and statutory planning permission are separate matters.
Development in Saint Lucia is regulated under the Physical Planning and Development Act and associated regulations. Depending on the nature of the project, permission may be required before development begins.
Owners should therefore establish the applicable requirements with the Development Control Authority (DCA) / Physical Planning Section and ensure the appropriate applications and supporting plans are submitted.
Receiving planning permission does not necessarily confirm compliance with private restrictive covenants, and complying with a restrictive covenant does not remove the need to obtain any statutory permissions that are required.
Both should be considered.
6. Don't start work before approvals are in place
It can be tempting to begin clearing or preparing a site while an application is progressing, but owners should be careful.
Saint Lucia's Physical Planning and Development Act provides that development should not commence without the required prior written permission. Development can include preparatory activities such as clearing or levelling land, as well as construction itself, subject to the exemptions and permitted-development provisions contained in the legislation.
It is therefore sensible to establish what permissions are required before clearing, excavation or construction begins.
7. Consider drainage and neighbouring properties
Cap Estate's hills and terrain make storm-water management particularly important.
Clause 14 of the restrictive covenants specifically states that:
“The Property shall not be graded in such a manner as to direct storm water onto adjoining land.”
Good drainage design should therefore be considered from the outset, particularly when changing levels, constructing retaining walls, creating driveways or substantially altering the existing landscape.
Development on one property should not create a drainage problem for another.
8. Mature trees are also covered
Cap Estate's mature vegetation contributes significantly to the appearance and environment of the community.
Clause 11 of the restrictive covenants states:
“No mature trees shall be cut down without the written approval of The Intending Vendor.”
Owners planning substantial site clearance should therefore check the restrictions affecting their property before removing mature trees.
Thoughtful development that retains established vegetation where practical can also help preserve privacy, reduce erosion and maintain the green character of Cap Estate.
9. Fences, walls and property boundaries
Boundary treatments should also form part of the planning process.
The covenants provide that fences and hedges on property boundaries require the approval specified within the covenant and should subsequently be maintained.
Owners considering new boundary walls, fencing, gates or significant landscaping along a boundary should therefore check the requirements applicable to their property before proceeding.
10. Remember the residential character of Cap Estate
Clause 5 of the covenants provides that buildings should be used as a private dwelling house with garage and outbuildings, and also addresses business use and activities that could cause nuisance, injury, annoyance or disturbance to the neighbourhood.
This is part of the framework that has helped establish Cap Estate's predominantly residential character.
When designing a project, owners are encouraged to consider not only what can physically be accommodated on a site, but also how the development will affect neighbouring properties and the wider community.
Speak to CEA early
If you are considering a significant new development or alteration within Cap Estate, we encourage you to contact the Cap Estate Association at an early stage.
Early communication can help identify potential issues concerning the character of the area or restrictive covenants before considerable time and expense has been committed to a design.
CEA supports responsible and sustainable investment in Cap Estate while seeking to preserve the low-density residential character, environment and quality of life that make the community distinctive.
Before you begin
As a practical starting point, property owners should:
Obtain and review the title documents and restrictive covenants affecting the property.
Discuss the covenants with your attorney, architect or other appropriate professional.
Establish the current DCA and Physical Planning requirements for the proposed work.
Check requirements relating to setbacks, building use, additions and other structures.
Consider storm-water drainage, site levels and neighbouring properties.
Check restrictions before removing mature trees.
Consider fencing, boundary treatments and other external works.
Obtain all necessary approvals before commencing development.
Ensure the development ultimately undertaken remains consistent with the plans and permissions obtained.
Contact CEA early where the proposed development could affect the character of Cap Estate or raise questions concerning the restrictive covenants.
Building responsibly in Cap Estate
Cap Estate will continue to evolve, and responsible development and investment are an important part of its future.
Good development does not have to come at the expense of the qualities that make Cap Estate special.
By checking the legal and planning requirements early, designing sympathetically and considering neighbouring properties and the wider community, owners can help ensure that Cap Estate remains an attractive, low-density residential community for generations to come.
Useful link: [Cap Estate Restrictive Covenants Explained]
Please note: This article is provided by the Cap Estate Association for general information only and should not be regarded as legal, architectural or planning advice. Requirements can vary according to the individual property and proposed development. Property owners should obtain appropriate professional advice and confirm current requirements with the relevant authorities before commencing work.
